Not only is cell phone use in a CMV dangerous, but it’s also a DOT FMCSA “serious offense.” A second paid fine or conviction could lead to an FMCSA driver disqualification.
A second conviction or paid fine in California is now treated like a moving violation, and cannot be erased by paying the fine. With the enactment of AB-47, Distracted Driving, the DMV is authorized to assess 1.5 NOTS points.
What’s more, they forward the conviction to the FMCSA, which applies Compliance, Safety, and Accountability (CSA) points and files it in the CDL holders’ PSP as a serious offense. A second conviction results in a 60-day driver disqualification.
Subsequent convictions increase the length of the FMCSA required downtime, and too many will lead to a lifetime ban on interstate commercial driving.
The Real Risks of Distraction
Driving a heavy rig safely requires your total focus. All seasoned commercial drivers know this; however, it may be hard to overcome the temptation to call home while driving. Save it until you’re safely parked.
A fully loaded 80,000-pound truck traveling at 55 mph requires a total stopping distance of roughly two football fields.
Accidents in Woodland in Yolo County, CA, happen fast. Even a brief glance at a screen to check a text creates extreme risk. You must stay attentive to protect your livelihood and others.
Understanding Cell Phone Use in a CMV
California and FMCSA rules are very similar and very strict about handheld devices. You cannot hold a phone to speak or text while driving. These traffic laws apply even while stopped in heavy I-5 traffic.
Cell phone use in a CMV requires a properly mounted hands-free setup. You are only allowed one button press with a single swipe to manage calls. Reaching for a device while unbuckled is also illegal.
The legal consequences for a second offense are outlined in AB-47, Distracted Driving:
“Notwithstanding subdivision (f) of Section 12810, a violation point shall be given only for a conviction of a violation of subdivision (a) of Section 23123, subdivision (a) of Section 23123.5, or subdivision (b) of Section 23124, occurring on or after July 1, 2021, that occurs within 36 months of a prior conviction for the same offense.”
Penalties for a DOT FMCSA Serious Offense
A conviction leads to an FMCSA notification. This alert creates a permanent scar on your PSP record. Your carrier will also face CSA severity points and time-weight multiples, which will increase their SMS percentile.
It is a DOT FMCSA serious offense, and ten CSA points are assessed. This demerit is the highest point assessment, and it will be filed in the Unsafe Driving paragraph of the Behavior Analysis and Safety Improvement Category (BASIC).
What’s more, depending on the date of the last conviction, those severity points could be multiplied by two or three, raising the carrier’s SMS percentile.
Because these point and time-weight multiples linger for two years, they could impact your future employment because they will help determine your carrier's fleet insurance.
The California Vehicle Code (VC) Section 23123.5 states:
“A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.”
Defending Your CDL in Yolo County, CA
The I-5 is one of the nation's busiest north/south freeways, running from Mexico to the Canadian border. Connecting commercial drivers to the Oakland, LA, and Long Beach Ports.
Officers around Woodland in Yolo County, CA, monitor this route closely. They watch for any illegal cell phone use in a CMV.
Do not just pay the $260 fine for a second ticket without consulting a CA CDL traffic attorney. Paying the fine is an admission of guilt. This triggers the DOT FMCSA penalties immediately.
Consult Bigger & Harman Before Paying the Fine for Cell Phone Use in a CMV
CDL holders should consult a traffic attorney to protect their record. The first ticket might be the easiest to get dismissed or reduced to a no-point alternate charge. We could help you avoid a second conviction that damages your career.
A second cell phone use in a CMV conviction leads to an FMCSA driver disqualification. This second conviction or paid fine means a minimum of 60 days without driving or earning. We review every detail of your I-5 traffic stop.
Call us at (661) 367-8232 for a free consultation. Our team also helps with Español and Punjabi. Reach us via our secure online form or email attorney@biggerharmanlaw.com.
Bigger & Harman regularly represents commercial driving clients in Woodland Courthouse. Call for a free consultation.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: How many CSA points will my carrier receive if I pay the fine for cell phone use in my CMV?
A: A paid fine results in ten CSA severity points. This is the highest possible assessment of CSA severity points, the same as reckless driving or excessive speeding.
Q: Can I use my cell phone at a red light or when stuck in traffic on the Five?
A: Only if it is part of the internal communications system or mounted within easy reach of the driver and they can operate it with a single swipe of their finger.
Q: Will a second ticket for cell phone use in a CMV put points on my California driving record?
A: Yes, in your CMV or in your personal vehicle, a second paid fine for cell phone use will add NOTS points, and CSA severity points when the MFCSA is notified.
References:
The FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
CA VC Section 12810.5, Negligent Operator Actions, 23123.5, Driving Offenses & AB-47, Distracted Driving.
The DOT FMCSA Mobile Phone Restrictions Fact Sheet.